PRISTINA, 26 July 2007 - Shortcomings in implementing the legal framework on domestic violence are troubling, especially when the health and safety of the protected party is jeopardized, concludes a new report of the OSCE Mission in Kosovo issued today.
Domestic violence is not a new issue to Kosovo, but it is being reported with
more frequency, and victims are filing more cases with the justice system.
Despite positive developments in law and policies, courts are failing to
properly implement the Domestic Violence Regulation.
"Although the
Domestic Violence Regulation sends a clear message of non-tolerance of domestic
violence, only its effective implementation can reduce the problem and provide
victims with a variety of protection measures," said Henry McGowen, acting Head
of the OSCE Mission.
The report addresses concerns such as unlawful
delays in scheduling hearings and deciding on requests for protection orders,
insufficient reasoning in domestic violence cases which affect the right to a
fair trial, and the failure to automatically prosecute certain criminal offences
of domestic violence that occur.
In view of these concerns, a number of
recommendations offered by the OSCE Mission address not only the courts and
administrative authorities, but also the lawmaker.
First, the report
suggests that judges should meet the legally established deadlines when deciding
on requests for protection orders, and issue clear, reasoned decisions in cases
of domestic violence.
Second, a role is seen for the Ministry of Labour
and Social Welfare in Kosovo's Provisional Institutions of Self-Government to
ensure that the Centres for Social Work respond to domestic violence cases. The
Kosovo Judicial Institute should provide training courses for judges and
prosecutors on the relevant laws applicable in such cases.
"These
challenges, which appear when establishing a functioning legal and protection
system as a fundamental part of developing Kosovo's justice system, are not
unsurpassable," added McGowen.
The report encourages relevant
authorities to use the recommendations to take necessary steps to correct the
current use of the domestic violence regulation by the judicial system in
Kosovo.